List of Factors to Consider for Employment Law (9:III)
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 1 August 2025. |
A. Preliminary Matters
□ Jurisdiction: Determine whether the employee falls within provincial or federal jurisdiction and make a list of statutes which apply to the employee accordingly.
□ Unionized or Non-Unionized: Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement.
□ Employee or Contractor: Determine whether the worker is classified, by the law, to be an “employee” or an “independent contractor.” Note the factors to determine classification may be slightly different under the Employment Standards Act, the Human Rights Code, and the common law.
B. Determine the Legal Issue(s)
□ Read through the common employment law issues and determine which issue(s) the employee is experiencing.
- See Section V: Employment Issues.
- If the issue relates to termination of employment, go through the checklist located at Section V.C.1: Termination of Employment Checklist before returning to this list.
C. Determine the Remedy
□ Determine the appropriate legal remedy for a case based upon the legal basis for the employee’s complaint: A breach of the Employment Standards Act will lead to a claim at the Employment Standards Branch; a breach of the Human Rights Code will lead to a complaint at the Human Rights Tribunal; and a breach of an employment contract, or one of its implied terms, will lead to a claim in Small Claims Court (for claims under $35,000 as of June 1, 2017) BC Supreme Court (for claims over $35,000 as of June 1, 2017), or the Civil Resolution Tribunal (for claims $5,000 or under). As of June 1, 2017, with several exceptions, civil claims of up to $5000 will no longer be dealt with in Small Claims Court – instead, they will be resolved in B.C.’s online Civil Resolution Tribunal.
- See Section VI: Remedies.
- See Chapter 20: Small Claims.
□ Determine the claim’s limitation date. This is the date by which the right to bring a legal action for a given issue expires. Ensure that you file the appropriate application on time. If you have missed the limitation date, look at what options you may have for late filing.
□ Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker, including any release agreements the employee may have signed. Note that the absence of a document— such as an employment contract— is also significant. Oftentimes, one of the chief purposes of establishing a written agreement for employers is to limit their legal responsibilities to whatever is mandated by statute (e.g. the Employment Standards Act). The absence of such a contract may expose employers to the additional responsibilities mandated by the courts in common law.
□ Consider other strategies and tips offered.
| Forums for Employment Law Disputes | |||||
|---|---|---|---|---|---|
| Employment Standards Branch | Human Rights Tribunal | Civil Resolution Tribunal | Small Claims Court | BC Supreme Court | |
| Filing Costs | None | None | $100 for claims up to $3,000; $150 for claims over $3,000 (fee waivers may be available) | $100 for claims up to $3,000; $156 for claims over $3,000 | $200 to file, plus additional costs for applications and trials exceeding 3 days |
| Maximum Awards | No maximum dollar amount, but generally award limited to amounts owed for the past 12 months only (though extended collection may be possible for vacation pay owing) - see ESA s.80 | No maximum | $5,000 | $35,000 (as of June 1, 2017) | No maximum |
| Type of Claim | Statutory entitlements in the ESA (e.g. minimum wage, overtime, vacation pay, etc.) | Discrimination in employment or hiring or dismissal | Any term, express or implied, in the contract; wrongful dismissal | Any term, express or implied, in the contract; wrongful dismissal | Any term, express or implied, in the contract; wrongful dismissal |
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